discipline summaries
tions after December 31, 2011.
Dr. Saul’s professional misconduct in breaching his
undertaking has implications for patient care and
professional governance. In the Committee’s view,
any breach of an undertaking is a serious matter. In
this case, breaching the undertaking was repeated
many times and in different ways. As the professional
regulator, the College relies on the honesty and integrity of its members. It is the obligation of members
to comply with orders of the College Committees
and undertakings made to the College. A failure to
comply undermines effective self-governance in the
public interest. The Committee, in its reprimand,
paid particular attention to the importance of the
members of the College complying with orders and
undertakings.
The suspension of a certificate of registration is a
serious consequence. A two-month suspension in this
matter is justified. This serves to denounce the misconduct and serves as both a specific deterrent to Dr.
Saul and a general deterrent to the profession.
The terms of the order effectively prohibit Dr.
Saul from all practice related to cannabis (medical
marihuana), whether this relates to signing medical
documents, counselling, assessment or treatment of
patients, prescribing, dispensing or administration.
As a consequence, the Committee is satisfied that the
public will be protected under the jointly proposed
order.
It was made clear to the Committee by counsel for
both parties that the other terms of the undertaking signed by Dr. Saul are not affected by this Order
and remain in force. The Committee notes that this
involves, but is not limited to, a resignation of prescribing privileges for certain classes of drugs. While
this did not form part of the allegations in the matter
before us, the Committee was comforted that this has
been clearly addressed by the parties with Dr. Saul
in attendance. This too offers a measure of public
protection.
The Committee is of the view that for Dr. Saul to
be successfully rehabilitated, professional ethics need
to be addressed. This may be achieved through the
requirement in the penalty order that Dr. Saul complete an educational program in ethics.
In addition, the Committee is satisfied that the
Order addresses the necessary components for moni-
toring Dr. Saul’s future behaviour. A practice reassessment will ensure that good practice habits are not
only acquired but sustained. Both of these measures
are necessary and support the object of public protection.
The Committee accepted that Dr. Saul’s cooperation in the events leading up to this hearing was a
mitigating factor. It was also a mitigating factor that
Dr. Saul had no disciplinary history with the College. Nevertheless, public protection is the overriding
factor in this case and is given most weight by the
Committee.
Payment to the College of $4,460 in costs within
30 days has been agreed to by the parties.
Order
The Committee ordered and directed on the matter
of penalty and costs that:
1. Dr. Saul appear before the panel to be reprimanded.
2. The Registrar suspend Dr. Saul’s certificate of registration for a period of two months commencing
on November 1, 2014.
3. The Registrar impose the following terms, conditions and limitations on Dr. Saul’s certificate of
registration:
a) Dr. Saul shall, at his own expense, participate in
and successfully complete an educational program satisfactory to the College in Ethics, with
a report or reports to be provided to the College
regarding Dr. Saul’s progress and compliance.
Dr. Saul shall complete this requirement by
April 1, 2015 or, if no satisfactory program is
available by that time, by the first possible opportunity thereafter;
b) Effective immediately, Dr. Saul shall be prohibited from all practice in relation to Cannabis, as
defined by Schedule II to the Controlled Drugs
and Substances Act (S.C. 1996, c. 19) (“Cannabis”), including, without in any way limiting
the generality of this restriction,
i. The prescription, dispensing or administration of cannabis;
ii. Signing medical documents pursuant to the
Marihuana for Medical Purposes Regulations, SOR/2013-119 or any equivalent
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